Terms and Conditions

General

These pages (together with the documents referred to) are the terms and conditions on which we Cherry Glass Designs Limited (‘The Company’) supply any products (‘Products’) listed on our website www.cherryglassdesigns (‘our site’) to any individual, company or agent (‘the Buyer’). We ask that you please read these terms and conditions carefully before ordering any Products from our site. By using our site you indicate that you understand and accept these Terms and Conditions and agree to be bound by them. They do not affect your statutory rights.

Information about Cherry Glass Designs Limited

www.cherryglassdesigns.co.uk is a site operated by Cherry Glass Designs Limited. We are a company registered in England and Wales, company number 10071116. Our main trading address is Haywood House, 40 New Road, Stourbridge, DY8 1PA.

THE LEGAL BITS

Our Site

Our site is only intended for use by people resident in the United Kingdom. Access to our site is on a temporary basis. The content of the pages are for your general information and use only and is subject to change without notice. It is our intention to update our site on a regular basis and we may change the content at any time. Any of the Products on our site may be out of date at any time. We will not be liable if for any reason our site is unavailable for any period of time.

The Use of Our Site is Subject to the Following Terms of Use

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The Buyer acknowledges that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other an in accordance with the copyright notice, which forms part of these terms and conditions.

It is essential that you the buyer warrants that you are the owner of all intellectual property rights in relation to any photographs, pictures, materials, words of any other works that you may post on our site or submit in the process of placing an order for goods and you further warrant that you do not need to obtain any permission before we make use of any of your works.

Failure to comply with these Terms of Use constitutes a breach of the Terms of Use and may result in us taking legal proceedings against you for reimbursement of all costs and damages resulting from the breach.

From time to time this website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. In the event of such a breach, the relevant authorities will be informed and your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links to and from our Website

No person or persons shall establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Where our site contains links to other sites and resources provided by third parties, they are provided for information only and we accept no responsibility for any loss or damage that may arise from the use of them.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.

You may print off one copy and may download relevant extracts of any pages from our site for your personal reference only.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and must not use any illustrations, photographs, video or audio footage or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without our permission.

If you are in breach of any of these terms your right to use Our Site will cease immediately and you must destroy any copies of the materials you have made.

Reliance on Information Posted

Any comments and other materials posted on our site are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue; • loss of business; • loss of profits or contracts; • loss of anticipated savings; • loss of data; • loss of goodwill; • wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Your Status

By placing an order through our site, you warrant that you are legally capable of entering into a binding contract:

You are at least 18 years old

You are resident in the United Kingdom and you are accessing our site from that country

All of the information that you have provided to us, including with and without limitation, your name, payment details, delivery address and telephone number are genuine and accurate.

We process information about you in accordance with our privacy policy. By using our site you consent to such processing and you warrant that all data provided you is accurate.

Consumer Statutory Rights

All Product supplied by Cherry Glass Designs Limited are ‘Made to Measure’, ‘Made to Measure – Templating and Fitting’ and ‘Bespoke’. (As detailed in our Terms of Reference) As such, please note you will not have the right to cancel a Contract for the supply of our Products.

Law and Jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English Law. Any dispute or claim arising from, or related to, such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.

Force Majeure

In the event of the Company being delayed in or prevented from performing its obligations to hereunder owing to any cause whatsoever beyond the Company’s control including without limitation act of God, war, strikes, lockouts, trade disputes, difficulty in obtaining workmen or materials, breakdown of equipment, or any other cause, the Company will not be liable for any loss, damage or expenses incurred and shall be at liberty to terminate or suspend orders without incurring any liability rising therefrom.

The following pages are the section of our terms and conditions which apply to ordering any products (‘Products’) from Cherry Glass Designs Limited (‘The Company’) through our website www.cherryglassdesigns.co.uk (‘our site’) to any individual, company or agent (‘the Buyer’). For the purpose and clarification of our Terms and Conditions, Made to Measure (‘Made to Measure’) refers to all products available on our web site. All Cherry Glass Design products are specifically manufactured to the Buyers individual measurements and requirements. Made to Measure products purchased through our Templating and Fitting service (‘Made to Measure – Templating and Fitting’) are specifically manufactured to the Buyers individual measurements and requirements and where the Company provide a templating and fitting service. Bespoke (‘Bespoke’) products refer to any product(s) where the image is supplied by the Buyer or a specific RAL colour, not currently offered on our site, is required. Bespoke products are manufactured to the Buyers individual measurements and requirements.

All Glass Products supplied by Cherry Glass Designs Limited are Made to Measure Products and are therefore not subject to on-line and distance selling ‘right to cancel’ regulations.

The colour picker is a guide only. Whilst every effort is made to colour match branded paint ranges, the buyer should be aware that computer screens and tablets can vary and appear slightly different in colour or brightness.

Bespoke colour matching will always vary. Please note there is no cooling off period for any bespoke products.

Our printed splashbacks may not appear exactly as represented in our image previews due to differences in aspect ratio on a specific computer screen or tablet. They can vary and appear slightly different in colour and brightness.

Your Order

Placing an order is equivalent to agreeing to the processing of the Buyers personal data by Cherry Glass Designs Limited and making an invoice without the Buyers signature.

You should only order if you are sure that the item and finish is right for you, you will not be able to change the order after it has been placed. You should also check access to your property. Delivery is on the basis that you have checked the dimensions of the item and that it fits through all doorways, stairwells and within the area of intended use.

The buyer is wholly responsible for providing the following details when placing an order:

Measurements – Accurate dimensions of your glass Product are required. A tolerance reduction of 2mm on each edge will be applied unless otherwise requested by the Buyer.

Customers Own Images - It is essential that you the buyer warrants that you are the owner of all intellectual property rights in relation to any photographs, pictures, materials, words or any other works that you may post on our site or submit in the process of placing an order for products and you further warrant that you do not need to obtain any permission before we make use of any of your works.

Please note that we retain the right to reject images of a sub-standard quality or are deemed as inappropriate.

Cropping – The image can be cropped to suit your specific measurements.

It is essential that you keep a record of all elements of your order.

Acceptance of the Terms and Conditions and correct completion by the Buyer of the order form are the conditions for fulfilment of the order.

Confirmation of your order and payment will be emailed to you on receipt of your order.

The fulfilment of the order consists of the manufacture of the Product for the Buyer according to the order from and the specification provided by the Buyer in accordance with the implementation options; the fulfilment includes printing the selected image on the chosen material, packaging and shipping.

We have no liability for Products ordered that a Buyer no longer requires. Once an order has been processed the Buyer is liable to purchase the Product.

Product Warranty

Our Made to Measure Glass Splashbacks come with a ten year warranty which cover the glass and image. As these are supply only products the warranty is only valid if the splashbacks are fitted correctly. Our ten-year warranty does not apply when any of our glass products are used within any moving framework, mechanism or separate component.

Please ensure you leave the required expansion gaps when fitting and seal the entire perimeter of the splashback using Neutral Cure silicone. Failure to leave expansion or seal the splashback may cause defects over time.

Please note that if you do not use the silicone/adhesive supplied by ourselves the Product Warranty becomes null and void.

Made to Measure Products using our Templating and Fitting service carry the same ten year warranty on glass and image.

Pricing

All prices on our website are in British Pound Sterling and include any VAT payable but exclude delivery charges, delivery charges are added to your basket when items are added.

Unless the product is from our Made to Measure Templating and Fitting Service where the price is agreed by us in writing, the price of any Products will be as quoted on our site, except in cases of obvious error.

Although we endeavour to ensure that all pricing information on our site is accurate, occasionally an error may occur and goods may be mispriced. If we discover a pricing error we will, at our discretion, either contact you and ask you whether you wish to continue with the order at the correct price or notify you that we have cancelled your order. We will not be obliged to supply Products at the incorrect price. We reserve the right to adjust prices, offers, Products and specifications of goods on our site at our discretion at any time before (but not after) we accept your order.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a receipted invoice. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.

Delivery charges are calculated as part of the checkout process.

Payment

The purchase price will be clearly stated at the checkout facility.

Orders will be deemed as accepted on receipt of cleared funds.

Payment can be accepted through PayPal or SagePay. We accept payment by most major debit or credit cards. (Excluding American Express).

An invoice for the full amount paid will be emailed to you.

Payment for all orders using our templating and fitting service will require a deposit of 50% of the total value with order and the balance of payment on delivery of the Product and completion of fitting.

Delivery

Delivery for Made to Measure Products will normally be within 10-14 working days of receipt of order.

Delivery of Made to Measure Products ordered using our Templating and Fitting service will normally be within 3-4 weeks from date of order.

Delivery will be made by courier or Cherry Glass Designs company transport.

Shipping and Returns

The Product will arrive in layers of protective packaging with additional edge protection.

On receipt of your order it is your responsibility to check your order for damage or faults of any kind.

In the unlikely event that your order arrives damaged or faulty, this should be confirmed with the courier/driver and will require his/her signature. If the correct procedure has been followed your payment will be refunded and/or the Product replaced within the shortest time possible.

This would only apply where the driver/courier has recovered the faulty/damaged Product and endorsed it with his signature.

If the splashback does not fit we cannot issue you a refund if the measurements match the measurement on your order.

The Product will be at your risk from the time of delivery. It is your responsibility to open the package and to store the Product with care.

All Splashbacks are Made to Measure, therefore returns are not accepted.

Fitting and Care

Please ensure you leave the required expansion gaps when fitting and seal the entire perimeter of the splashback using Neutral Cure silicone. Failure to leave expansion or seal the splashback may cause defects over time.

Please note that if you do not use the silicone/adhesive supplied by ourselves the Product Warranty becomes null and void.